The Supreme Courtroom ruled in 1969 that students practice not "shed their constitutional rights to freedom of oral communication or expression at the schoolhouse gate." This is true for other central rights, as well.

Collage of students protesting

Do I have First Subpoena rights in schoolhouse?

  • You lot have the correct to speak out, manus out flyers and petitions, and clothing expressive clothing in school — as long as yous don't disrupt the functioning of the school or violate school policies that don't hinge on the bulletin expressed.
  • What counts as "disruptive" will vary past context, but a schoolhouse disagreeing with your position or thinking your speech is controversial or in "bad taste" is non enough to qualify. Courts take upheld students' rights to wear things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBTQ community.
  • Schools can have rules that have cipher to exercise with the message expressed, like dress codes. So, for example, a school tin can prohibit yous from wearing hats — because that rule is not based on what the hats say — but it can't prohibit you from wearing only pink pussycat hats or pro-NRA hats.
  • Exterior of school, yous enjoy essentially the same rights to protest and speak out every bit anyone else. This means you're likely to be nigh protected if you organize, protestation, and advocate for your views off campus and outside of schoolhouse hours.
  • You have the right to speak your mind on social media, and your school cannot punish you for content you lot post off campus and outside of schoolhouse hours that does not relate to school.

Can my school tell me what I tin and cannot wear based on my gender?

  • Public schools can have dress codes, but under federal police wearing apparel codes can't treat students differently based on their gender, force students to conform to sex activity stereotypes, or conscience particular viewpoints.
  • Schools can't create a apparel lawmaking based on the stereotype that only girls can wear some types of clothes and only boys tin can wear other types of clothes. For example, your school tin require that skirts must exist a certain length, merely it cannot require that some students clothing skirts and prohibit others from doing so based on the students' sex or gender expression. That also applies to pants, ties, or any other clothing associated with traditional gender roles.
  • Dress codes also must exist enforced equally. For instance, rules confronting "revealing" clothing, such as bans on tank tops or leggings, shouldn't be enforced only or disproportionately confronting girls.
  • All students should be immune to wear clothing consistent with their gender identity and expression, whether they identify as transgender or cisgender. This also applies to homecoming, prom, graduation, and other special schoolhouse events. Schools shouldn't crave different types of article of clothing for special events based on students' sexual activity or gender identity — for example, requiring tuxedos for boys and prom dresses for girls.

Can my schoolhouse discipline me for participating in a walkout?

  • Because the law in most places requires students to get to school, schools can discipline you for missing class. Simply schools cannot discipline you lot more harshly because of the message or the political nature of your activeness.
  • The punishment y'all could face volition vary by your state, school district, and school. If yous're planning to miss a class or two, look upward the policy for unexcused absences for your school and school district. If yous're considering missing several days, read almost truancy. Also accept a look at the policy for suspensions.
  • If you are facing a suspension of x days or more, y'all have a right to a formal process and tin can exist represented past a lawyer. Some states and school districts crave a formal process for fewer days.
  • You should be given the aforementioned correct to make up work just every bit any other student who missed classes.

What exercise I do if I'k confronted by police force at my school?

  • If you lot're stopped by a police officeholder at your school, stay calm. Don't argue, resist, run abroad, or otherwise interfere with the officer. Enquire if you're free to leave. If the respond is yeah, calmly and silently walk away from the officer.
  • If the officer asks yous a question, y'all have the right to remain silent. You likewise have the correct to refuse to write or sign a argument. But if yous waive these rights, annihilation yous say, write, or sign can be used against y'all. And if yous choose to make a statement, ask to have a lawyer, parent, or guardian nowadays before you lot are questioned.
  • Y'all can decline to give your consent to be searched by the police force. This may not finish the search, but this is the best fashion to protect your rights if you finish upwardly in court.
  • Don't consent to a phone search; police need a warrant to search your telephone. The same goes for a strip-search. No law officer or schoolhouse employee has the dominance to strip-search you.
  • Don't resist, fight, or abscond from an officeholder who is arresting you. Say you wish to remain silent and ask for a lawyer immediately. Don't say anything, sign anything, or make any decisions without a lawyer present.

The rights of immigrant students

  • Schools cannot discriminate against students on the basis of race, colour, or national origin.
  • Undocumented children cannot exist denied their correct to a free public pedagogy, and schools should non require families to evidence their immigration status in order to enroll their children in school.
  • Students with limited English language proficiency cannot exist turned abroad past public schools, which must provide them with language instruction.

The rights of students with disabilities

  • Public schools are prohibited by federal constabulary from discriminating against people with disabilities, and cannot deny them equal admission to academic courses, field trips, extracurricular activities, school technology, and wellness services.
  • Educators and administrators must make necessary academic and medical accommodations, ensure equal access to educational activities and opportunities, and answer to harassment and bullying.

LGBTQ student rights

  • LGBTQ students have a right to be who they are and express themselves in public schools.
  • Public schools should non "out" students to their families.
  • Public schools have a responsibility to create a safety learning surround. They cannot  ignore harassment based on a pupil'southward appearance or behavior.  Students should report harassment or threats to a master or counselor. This puts the school on find that officials can be held legally responsible for not protecting students.
  • Public schools cannot force students to article of clothing article of clothing inconsistent with their gender identity.
  • If a public school permits any noncurricular clubs — clubs that aren't directly related to classes taught in the school — then information technology must allow students to course a Gay-Straight Brotherhood or other LGBTQ-themed clubs, and the school can't treat it differently from other noncurricular clubs.
  • Students' transgender status and gender assigned at nascence are confidential information protected by federal privacy constabulary. If your school reveals that data to anyone without your permission, it could exist violating federal police force. If you don't desire school officials revealing your individual information to others, including your legal name, tell them very clearly that y'all desire your information kept individual and that they should not disclose that data to anyone without your consent.
  • Some states and cities explicitly protect the right of transgender students to use restrooms and locker rooms consistent with their gender identity. Additionally, several courts have ruled that excluding transgender boys and girls from using the same restrooms as other boys and girls violates federal education law.  This is an area of the law that is changing a great bargain right now. Nosotros recommend that you contact the ACLU if you take any questions nearly your rights at schoolhouse.

The rights of significant students

  • Public schools and all schools that get federal funds are prohibited from excluding meaning or parenting students from school, classes, or extracurricular activities, or pressuring them to driblet out or modify schools.
  • These schools must provide pregnant students the same accommodations that students with other temporary medical weather are given, including the power to make upwards missed classwork, attend doctor's appointments, have fourth dimension off for childbirth and recovery, and acquire in a prophylactic, nonjudgmental environs.
  • These schools are not allowed to punish a student who chooses to terminate a pregnancy or reveal a pupil's private medical information.

Additional resource:

LGBTQ Youth & Schools Resources Library